Duff pleads for mercy, gets 10 years

James Duff, whose phony minority- and woman-owned business bilked the city and insurance companies of millions of dollars, was sentenced Wednesday to nearly 10 years in federal prison.

In an emotional speech to the judge, Duff issued apology after apology, then asked for mercy before grabbing on to a lectern in the courtroom. Judge Elaine Bucklo, who seemed unmoved, repeatedly said Duff had never shown any remorse for his crimes and imposed a harsher sentence than sought by Duff's defense attorney.

In handing down the sentence, Bucklo said that "the public needs to know that corruption and fraud will not be dealt with a slap on the wrist."

Bucklo also ordered $22 million in restitution and forfeitures by Duff. Some $10.9 million would go to the city.

The federal investigation of the crooked business practices of Duff, 46, began in 2000, following reports by the Chicago Tribune that revealed a labor service firm allegedly run by an African-American and a janitorial firm allegedly run by his mother were actually companies that Duff operated.

Bucklo said she was imposing a longer term than the defense had requested because "there is a perception that this [minority contract fraud] is business as usual in this city. ... It is important that not be allowed to continue."

U.S. Atty. Patrick Fitzgerald said that Bucklo's sentence had sent a message that corruption in City Hall wouldn't be tolerated.

"We think that the message sent by Judge Bucklo that business as usual should not be people engaging in fraud to obtain contracts is a very important message to be sent," Fitzgerald said.

In asking for a prison term of 135 months, Assistant U.S. Atty. Charles Ex said: "Mr. Duff is the epitome of greed."

"Every aspect of his life that he has touched has been tainted," said Ex. "This is a man who puts greed above his own family," noting he put his mother in harm's way when he said she ran the janitorial firm called Windy City Maintenance. That company had janitorial contracts with the city and the Metropolitan Pier and Exposition Authority.

The other labor firm, Remedial Environmental Manpower (R.E.M.), provided the laborers that once sorted blue bags for the city's recycling program. William E. Stratton, an African-American, was convicted at trial in February of posing as boss of R.E.M.

In a dramatic moment, Duff stood at a lectern in the courtroom and read a letter that he had written to Bucklo.

"I have no one to blame but myself," he told Bucklo.

"I want to apologize to the court from the crime I committed," he said. He then apologized to the city, the workers at the janitorial and labor firms and his family.

"Most of all I want to apologize to my family. ... They did nothing wrong but will suffer from the consequences of my actions.

"I am a person with tremendous flaws, tremendous flaws," he told the judge. But he begged for "compassion and mercy" and told the judge he would never be in a courtroom again.

When he finished, he grabbed the lectern and his attorneys asked for a short recess.

After the recess, Bucklo repeatedly noted that Duff had shown no remorse and that he had taken no moral responsibility for his actions, which could have lessened his sentence

"If there hasn't been any remorse, I am going to sentence accordingly," she said.

She also questioned his defense attorney's portrayal of Duff as a loving family man.

"He may be a good family man, but the involvement of your mother suggests otherwise," she said.

She noted that Duff was "portrayed by witness after witness as a bully" and that his action stemmed from "pure greed."

The sentencing came after three days of hearings over legal technicalities dealing with how sentencing guidelines would apply in the case. Duff's lawyer, Terence Campbell, successfully argued to Bucklo that a less stringent set of guidelines should apply to Duff.

Federal prosecutors had originally sought up to a 25-year prison term, but after Bucklo's ruling on the guidelines on Wednesday, they scaled back their sentencing recommendation to 11 years and 3 months.

Campbell blasted the 25-year recommendation of the prosecutors.

"They had asked for a sentence that someone convicted of second degree murder would get. We came into this courtroom fighting for this man's life," he said.

Duff pleaded guilty in a contentious courtroom scene last January that took two days to complete. He pleaded guilty to 33 counts of racketeering and conspiracy, mail and wire fraud, tax fraud and money laundering.

"It was the most grudging pleas I have ever seen," Bucklo said Wednesday. She did, however, give him some credit for pleading guilty.

Duff, who has acknowledged he was seeking counseling for gambling and alcohol addictions, had also a recommendation from the judge to the U.S. Bureau of Prisons that he be given alcohol treatment.

But Bucklo declined to issue the recommendation. However, one of the minimum security prisons where Duff may be sent does have such a program.